Dr. Tahir Abdu Fagge v. Alhaji Suleiman Aliyu & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

USMAN ALHAJI MUSALE, JCA (Delivering the leading judgment)

This appeal emanated from the decision of Kano State High Court, delivered in suit No. K/163/2020 by Hon. Justice Nasiru Saminu on 24th June, 2022.

The suit at the lower court that led to this appeal was initiated by the 1st respondent as plaintiff against the 2nd and 3rd respondents as defendants respectively.

It was alleged by the 1st respondent at the lower court that sometime on the 13th September, 1998 he purchased 16 plots of land from original allotted Alhaji Bashir Usman at the cost N3,200,000. Wherein they executed a sale agreement between them.

That sometime on 6th November, 2013, the 1st respondent alleged to have forgotten the title documents of the land he purchased in a tricycle on his way to Kantin Kwari market from Kabuga and all effort to trace them proved abortive.

It was alleged by the 1st respondent, that unknown to him, he discovered that the 2nd respondent started developing all the 16 plots which culminated the 1st respondent to file a suit at the lower court vide write of summons dated 20/03/2020. The 1st respondent sought the reliefs from the lower court as follows:

1. A declaration that the plaintiff is the rightful owner of the 16 plots of land situate and lying at Tudun Yola quarters behind Rukayya Bayero’s Nursery and Primary School, Gwale local government area, Kano State with the Plot Nos.;

i. Plot 392 RES/93/8493 TP/KAS/215A,

ii. Plot 388 RES /83/ 1503 TP/KAS/215A,

iii. Plot 381 RES/93/7053 TP/KAS/215A,

iv. Plot 382 RES/94|1211 TP/KAS/215A,

v. Plot 172 RES/93/8069 TP/KAS/215A,

vi. Plot 402 RES /97/79 TP/KAS/215A,

vii. Plot 128 RES/93/8057 TP/KAS/215A,

viii. Plot 130 RES/93/8096 TP/KAS/215A,